Mortgagee Affiliates Corp. v. Commercial Union Insurance

We are presented with one narrow issue for determination in this appeal. Shall the complaint of the plaintiff mortgagee, suing on fire insurance policies covering the mortgaged real property, be dismissed for the mortgagee’s refusal to comply with the standard fire insurance provision, contained in each of these policies, requiring an insured to “ submit to examinations under oath * # * and * * produce for examination all books of account, bills, invoices and other vouchers ”? The third defense pleaded in the defendant insurers’ joint answer raises this issue; the court at Special Term denied…